The Humane Society of the United States has released the results of an undercover investigation into an Oklahoma exotic animal park, where an investigator recorded tiger deaths, unwarranted breeding and dangerous incidents involving children and adults. HSUS undercover video footage taken at GW Exotic Animal Park in Wynnewood, Okla. in the summer and fall of 2011 shows potentially illegal actions that imperil both animals and humans.
GW Exotic Animal Park houses approximately 200 tigers and other dangerous exotic animals and is acting as a petting zoo and traveling zoo that breeds tiger and bear cubs and allows the public to handle exotic animals for a fee, both at its own facility and at shopping malls and other venues around the country. The HSUS filed a series of complaints with state and federal authorities regarding potential legal violations, and called for strengthening certain areas of the law dealing with dangerous exotic wildlife.
The results of the investigation were first reported this morning by CBS News. The HSUS says it’s a dangerous situation for tigers and people, a hazard highlighted by the mass exotic animal tragedy the nation learned of last fall in Zanesville, Ohio. The president of GW Exotic Animal Park, Joe Schreibvogel, traveled to Ohio in April 2012 to lobby against Senate Bill 310, the bill introduced by state lawmakers to restrict the private ownership of dangerous captive wildlife in response to the Zanesville incident. At that time, he claimed that Terry Thompson was murdered by animal advocates to advance an agenda to ban private ownership of dangerous exotic pets.
At least five tigers died at the facility during the investigation – two of them had been sick for months and may have been shot by GW employees. A 6-year-old tiger named Hobbes died without receiving veterinary care and a 6-week-old cub being raised inside the GW owner’s house somehow sustained head injuries and had to be euthanized. And the death of 23 infant tigers at the facility over a 13-month period between 2009 and 2010 prompted the U.S. Department of Agriculture to open an investigation into GW Exotics for the unexplained death rate at the park.
“GW Exotics may have more dangerous exotic animals than any other roadside zoo in the nation—with approximately five times as many predators as the late Terry Thompson of Zanesville, Ohio,” said Wayne Pacelle, president and CEO of The Humane Society of the United States. “At this facility, children are allowed to play with tigers as if they are domestic kittens, rather than wild cats soon to mature into the some of the world’s most lethal carnivores.”
The HSUS investigator witnessed or heard reports about numerous dangerous public interactions at GW—some with a nearly full-grown tiger—including at least six cases where visitors were bitten or scratched.
In August 2011, according to GW’s assistant park manager, three people suffered tiger bites at a fair, including one child whose bite became infected.
On Sept. 3, 2011, a tiger reportedly bit a young girl on her leg during the “play cage” portion of a tour.
On Sept. 11, 2011, a tiger cub scratched a young child while the child was posing for a picture.
On Sept. 17, 2011, a 20-week-old tiger named Dre knocked down and bit a small child. GW’s park manager told staff that the boy was bitten and scratched and that he would be bruised but that he (the manager) had “smoothed things over” with the mother and had her “sign the papers.” The next day, the same tiger was used for photo shoots at GW and photographers posed a small child bottle feeding the tiger.
The HSUS has filed complaints with the U.S. Fish & Wildlife Service seeking an investigation into potential violations of the federal Migratory Bird Treaty Act, Endangered Species Act, Lacey Act, and Rhinoceros and Tiger Conservation Act; with the U.S. Department of Agriculture for potential violations of the Animal Welfare Act; and with the Oklahoma Department of Wildlife Conservation for potential violations of GW’s state commercial wildlife license. HSUS has also reached out to local law enforcement concerning the results of its investigation.
The HSUS is urging the U.S. Department of Agriculture to adopt regulations banning public contact with dangerous wild animals no matter the age of the animals. Current regulations generally allow public contact with tiger cubs between the ages of 8 and 12 weeks, and encourage the reckless over breeding of tiger cubs and surplus of captive adult tigers. The HSUS is also urging Congress to pass H.R. 4122, the Big Cats and Public Safety Protection Act, introduced by Reps. Buck McKeon, R-Calif., and Loretta Sanchez, D-Calif., to prohibit the private ownership and breeding of tigers and other dangerous big cats.
The investigative report is available here. B-roll video footage of the investigation is available for media download here and here.
Here’s a report from Gina Miller, IFAW’s legal policy analyst, about a captive tiger in Louisiana:
Laws that govern the private ownership of big cats vary widely from one state to another but they do have one thing in common—they’re not enough to protect big cats in private hands. Some 10,000 to 20,000 big cats are kept captive by private owners in the U.S., and they aren’t in zoos but in backyards, basements, garages, sheds and even truck stops.
Yes, you read that correctly: It is legal to keep a tiger at a truck stop.
Tony, a 10 year old Siberian-Bengal tiger, has been kept every single day of his life at the Tiger Truck Stop in Grosse Tete, Louisiana. Living at a truck stop is no life for a tiger; Tony is subjected to noise and diesel fumes from trucks and kept in a concrete cage with no adequate enrichment or escape from the elements, resulting in constant stress. Ten years of living at Tiger Truck Stop have taken a toll on Tony’s health, according to experts.
Louisiana Department of Wildlife and Fisheries (LDWF) Secretary Robert Barham granted a permit allowing for Tony the tiger to be exhibited at the truck stop in Louisiana. After the state permit was issued, the Animal Legal Defense Fund (ALDF) filed a lawsuit arguing that LDWF violated state legislation prohibiting persons from keeping a tiger as a pet or exhibiting a tiger within the state, but those that owned big cats legally before this law was passed were able to keep their animals.
Here’s the issue: Tony’s owner, Michael Sandlin, didn’t legally own him because his town’s ordinance made it illegal to keep a tiger on his premises.
The good news is that Tony’s permit expired in December of 2011 and hasn’t been renewed. The bad news is Tony is still being kept at the truck stop in violation of Louisiana law because the judge ruled that the Department has discretion whether or not to enforce Louisiana’s law on big cats. This “discretion” is allowing Tony the tiger to languish at a truck stop.
But Tony will have another day in court. Tony’s owner sued the State of Louisiana claiming that the law against private ownership of big cats was unconstitutional. Advocates for Tony’s health and safety will have the chance to support Louisiana’s authority to protect the public and the welfare of animals like Tony.
Posted by Matthew Liebman, ALDF Staff Attorney on May 14th, 2012
We at the Animal Legal Defense Fund are committed to doing everything within our power to make sure that Tony finds his way to a reputable, accredited sanctuary where he can live out the rest of his life in an environment that caters to his needs rather than one that exploits him as a profitable spectacle.
To that end, our litigation team has been busy making sure that Louisiana’s big cat ban is defended and enforced. We are currently involved in three separate lawsuits concerning Tony, and with all the various developments, we thought it was time for a big picture overview on where things stand.
The first lawsuit is the one ALDF filed last April to have Michael Sandlin’s tiger permit revoked. In November, Judge Michael Caldwell ruled in our favor, holding that Mr. Sandlin was ineligible for a permit under the state regulations. Judge Caldwell ordered the Louisiana Department of Wildlife and Fisheries to revoke Sandlin’s permit and not issue any new permits. Mr. Sandlin and the Tiger Truck Stop have appealed that decision to the Louisiana Court of Appeal. We are currently waiting for the court to set a briefing schedule, which we expect in the coming months. It’s worth noting that the Department has complied with the court’s order and not issued a new permit to Mr. Sandlin, meaning that Mr. Sandlin and the Tiger Truck Stop continue to possess and exhibit Tony without the required permit.
In an attempt to remedy the Tiger Truck Stop’s open violation of the law, ALDF filed a second lawsuit to force the Department to enforce the state’s wildlife laws and turn Mr. Sandlin and the Tiger Truck Stop over to the District Attorney for prosecution. Unfortunately, earlier this month, Judge Caldwell held that enforcement decisions by an agency are discretionary duties that cannot be compelled by the judiciary, and that our plaintiffs lacked legal standing to bring the case. (Standing is a constant hurdle in animal law cases that limits who can bring a lawsuit. More information on standing is available here and here.) We are still considering our options on whether to appeal the decision. Supporters should understand that the decision in this second case does not undermine our victory in the first case. Judge Caldwell’s original ruling that Mr. Sandlin cannot have a tiger permit still stands, and it is still illegal for Mr. Sandlin to possess and exhibit Tony. This loss means only that we cannot force the Department to enforce the law. The Department has said publicly that it intends to enforce Louisiana law once litigation has concluded. Although that is not the timeline we hoped for (after all, Mr. Sandlin and the Tiger Truck Stop are violating the law at this very moment and the Department could seize Tony at any time), we expect the Department will eventually do the job entrusted to it by Louisiana’s citizens: enforce the law and protect wildlife.
The third lawsuit is one filed by Mr. Sandlin and the Tiger Truck Stop against the State of Louisiana, the Department, and Iberville Parish, seeking to invalidate the state ban on private possession of big cats. If successful, the case would not only allow Mr. Sandlin to keep Tony, it could also open the floodgates to captivity for countless other captive wild animals. Mr. Sandlin and the Tiger Truck Stop did not name ALDF as a party to the suit, but given the high stakes, we insisted on being part of the case. We filed what is called a petition to intervene, which asks the court to allow the intervener into the case with the same rights and opportunity to be heard as the named parties. Although Mr. Sandlin and the truck stop objected to our intervention, Judge Janice Clark held that ALDF had a right to intervene in the case and granted our petition. Interestingly, we are now on the same side as the Department, our adversary in the other two lawsuits. Although we wish they were more proactive in enforcing the ban, both ALDF and the Department want the Louisiana big cat ban upheld. The next step is for our litigation team to file exceptions to Mr. Sandlin’s case and an opposition to his request for an injunction against the big cat ban.
We are optimistic that we will prevail and the court will uphold Louisiana’s right to protect public safety and animal welfare by prohibiting private possession of majestic animals like Tony. Our hope is that once Mr. Sandlin’s case is over, the Department will act quickly to ensure Tony’s removal to a humane sanctuary.
If this sounds complicated and frustratingly slow, that’s because it is. In order to manage large case loads and protect the due process rights of litigants, the legal system may take a while to resolve contentious issues. We too are growing impatient with every extra day Tony spends in captivity at the truck stop, and we are doing everything we can to accelerate his release to a proper sanctuary.
Still have questions about the cases? Post them below and we will answer as best we can.
May 7, 2012: In today’s hearing in Baton Rouge, District Judge Janice Clark agreed that the Animal Legal Defense Fund and two Louisiana residents can be parties to the lawsuit filed by Michael Sandlin, owner of Grosse Tete’s Tiger Truck Stop, against the Louisiana Department of Wildlife and Fisheries (LDWF). ALDF and the other interveners seek to defend the state’s law banning private ownership of big cats. Thanks to today’s ruling, ALDF will now have a right to participate in all steps of the litigation as it moves forward.
In their case, Sandlin and the Tiger Truck Stop are suing the state, arguing that Louisiana’s ban on private ownership of big cats like Tony is unconstitutional—flying in the face of the current national sentiment that dangerous exotic animals should be more strictly regulated. Ohio is currently considering a bill that would ban new ownership of captive wild animals, following the massacre of 48 animals including lions, tigers, and bears, who were released by their Zanesville owner last October. Additionally, in February, a bipartisan bill—the “Big Cats and Public Safety Protection Act”—was introduced in the U.S. House of Representatives that would prohibit the breeding and private possession of captive big cats. ALDF’s intervention in Sandlin’s case will support Louisiana’s power to safeguard public safety and the welfare of animals like Tony through such legislative measures.
Tony the truck stop tiger still waits in his cage Photo credit: Animal Legal Defense Fund
6:30 PM, May. 7, 2012
NEW ORLEANS (WTW) — An animal rights group can join a lawsuit and fight a challenge to a Louisiana law that bars private ownership of big cats, a state district judge ruled Monday.
Judge Janice Clark said the Animal Legal Defense Fund and two Louisiana residents can be parties to a challenge brought by Michael Sandlin, who has kept a tiger for decades at his Tiger Truck Stop in Grosse Tete.
Sandlin contends the law is unconstitutional. He opposed allowing the ALDF and two others to become parties to the suit.
“Upholding Louisiana’s big cat ban will prevent untold harm in the future to other big cats like Tony, who deserve better than a sad life at a roadside truck stop,” said Stephen Wells, executive director of ALDF.
Sandlin’s attorney, Jennifer Treadway Morris, said she probably won’t appeal this ruling because it can be part of her appeal if Clark upholds the law.
Tony, a Bengal-Siberian mix, is the eighth tiger in 22 years at the truck stop. Sandlin and the truck stop company — Tony’s legal owner — argue that moving the tiger now would be cruel.
In November, state District Judge Mike Caldwell ordered the Louisiana Department of Wildlife and Fisheries to revoke the permit that let Tiger Truck Stop Inc. keep the tiger at the business.
He also prohibited a new permit, saying the agency had broken its own rule allowing only individuals to own tigers.
May 7, 2012: Good news! In today’s hearing in Baton Rouge, District Judge Janice Clark agreed that the Animal Legal Defense Fund and two Louisiana residents can be parties to the lawsuit filed by Michael Sandlin, owner of Grosse Tete’s Tiger Truck Stop, against the Louisiana Department of Wildlife and Fisheries. ALDF and the other interveners seek to defend the state’s law banning private ownership of big cats. Thanks to today’s ruling, ALDF will now have a right to participate in all steps of the litigation as it moves forward.
Advocate staff file photo by PATRICK DENNIS Tony, the Siberian-Bengal tiger on display at the Tiger Truck Stop in Grosse Tete, on Dec. 2, 2010.
BY JOE GYAN JR.
Advocate staff writer
May 05, 2012
A judge refused Thursday to order the state Department of Wildlife and Fisheries to remove Tony the 550-pound tiger from a Grosse Tete truck stop enclosure where he has been kept for more than a decade.
State District Judge Mike Caldwell cited the separation of powers between the judicial and executive branches of government, and also said the Animal Legal Defense Fund and several other individually named plaintiffs lacked legal standing to try to compel LDWF to take action against the truck stop.
ALDF attorney Erin Pelleteri argued during a hearing that Tiger Truck Stop’s state permit for the Siberian-Bengal tiger expired Dec. 31. She said Michael Sandlin, owner of the Iberville Parish truck stop, is “blatantly’’ violating Louisiana law and endangering the public, and should be prosecuted.
“There is no permit in place. Mr. Sandlin is in violation of the law,’’ Pelleteri argued. “The department is doing nothing.’’
Jennifer Treadway Morris, an attorney for Sandlin and his truck stop, countered that the facility has a federal permit to house the tiger. She also disputed Pelleteri’s safety allegation.
“There is no public safety concern here,’’ Morris told the judge.
Sandlin, who attended the hearing, said afterward he loves tigers.
“I love Tony. I love (LSU’s) Mike the tiger,’’ he said. “The people of Grosse Tete want Tony to stay.’’
LDWF attorney Fred Whitrock argued during the hearing that ALDF and the individual plaintiffs, including Baton Rouge resident Brandi Sutten, have no direct interest in the outcome of the case but are merely morally opposed to Tony being displayed at the truck stop off Interstate 10.
“That is not sufficient for legal standing,’’ he said.
Sutten testified she visits Tony from time to time and finds it “emotionally draining’’ to see a tiger housed near an interstate, something she considers “inappropriate’’ and “absolutely crazy.’’
Morris told Sutten there are neighborhoods closer to Exxon’s Baton Rouge refinery than Tony is to the highway. After Sutten testified she has never visited Mike the tiger at LSU, Morris asked her if she is generally opposed to tigers being kept in cages or just opposed to Tony the truck stop tiger.
“Just Tony,’’ she acknowledged.
In response to an earlier ALDF lawsuit against LDWF, Caldwell last year barred the state agency from issuing any new permits to Tiger Truck Stop to keep 11-year-old Tony there. Sandlin has appealed that ruling to the state 1st Circuit Court of Appeal.
Caldwell said a state permit can be issued only to an individual, not a corporation, and Tiger Truck Stop is the permit holder, not Sandlin.
If Sandlin’s appeal is ultimately denied, LDWF has said it would give Sandlin 30 days to move Tony to a sanctuary of Sandlin’s choosing.
Sandlin, in a suit he filed against the state and Iberville Parish in January, is challenging the constitutionality of a 2006 state law that banned private ownership of large and exotic cats.
The state law includes a grandfather exception that allows people to keep exotic cats as pets as long as the animals were legally owned before Aug. 15, 2006, when the law went into effect.
ALDF contends Tony was not legally owned by Tiger Truck Stop before that date because a 1993 Iberville Parish ordinance prohibits anyone from owning wild, exotic or vicious animals for display or exhibition.
Sandlin’s suit also says the ordinance is unconstitutional. He argues the ordinance does not have an exception for persons with proper permits under federal law.
ALDF has filed a petition to intervene in Sandlin’s suit. State District Judge Janice Clark is scheduled to hold a hearing on that request Monday.
